Kimberlin v. Hicks

The opinion of the court was delivered by

Allen, J.:

This was an action in partition. A demurrer to plaintiff’s amended petition was sustained, and plaintiff appeals.

Plaintiff and defendants claim under the will of Charles M. Hicks, who died October 3,1920. The will provided:

“First: For services rendered me during my lifetime, I give and bequeath to L. C. Ele, for a period of twenty years from the date of my death, the use, rent free, of the following-described real estate (description), L. C. Ele to receive all rentals and royalties which may accrue on account of the production of oil and gas,…